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HomeMy WebLinkAboutMinutes_P&Z_04.03.2007 Planning & Zoning Commission Minutes March 6, 2007 Page 1 of 6 City of Georgetown, Texas Minutes of the Planning and Zoning Commission Meeting Tuesday, April 3, 2007 at 6:00 P.M. Council Chambers 101 E. Seventh Street, Georgetown, Texas 78626 Members Present: Harry Gibbs, Chair; Will Moore, Secretary; Sarah Milburn, Marlene McMichael, Patrick Lawson and Don Padfield. Members Absent: Jennifer Shield Staff Present: Bobby Ray, Director; Jordan Maddox, Planner; David Munk, Development Engineer; Ed Polasek, Principal Planner; Jennifer Bills, Housing Coordinator; Trish Carls, City Attorney; and Stephanie Mickan McNickle, Recording Secretary. Regular Session - To begin no earlier than 6:00 p.m. Chair Gibbs called the meeting to order at 6:03 p.m. and led the Pledge of Allegiance. Chair Gibbs stated the order of the meeting and that those who speak must turn in a speaker form to the recording secretary before the item that they wish to address begins. Each speaker will be permitted to address the Commission once for each item, for a maximum of three (3) minutes, unless otherwise agreed to before the meeting begins. 2. Action from Executive Session. There was not an Executive Session. Consent Agenda The Consent Agenda includes non-controversial and routine items that the Commission may act on with one single vote. A Commissioner or any member of the public may request that any item from the Consent Agenda be pulled in order that the Commission may discuss and act upon it individually as part of the Regular Agenda. The Planning and Zoning Commission's approval of an item on the Consent Agenda will be consistent with the staff recommendation described in the report, unless otherwise noted. 3. Consideration of the Minutes of the March 6, 2007, meeting of the Planning and Zoning Commission. Regular Agenda 4. CPA-2007-002 – Public Hearing and Possible Action on a Comprehensive Plan Amendment to update the Overall Transportation Plan to show the realignment of the 2500 – 2700 blocks of the SE One arterial. (EP) Staff report was given by Ed Polasek. The Overall Transportation Plan (OTP) was passed and adopted by the Georgetown City Council on June 22, 2004, to guide the development of the transportation network in the city limits and ETJ. It includes arterials and regionally significant collector level roads for the study area. Changes to the OTP are generally considered through the Transportation Improvement Plan process or by specific development applications for Planning & Zoning Commission Minutes March 6, 2007 Page 2 of 6 Century Plan Amendments. In some cases, the City may initiate an OTP amendment to re- classify a roadway or provide system connectivity and appropriate type facilities in growing areas. The application being considered at this time is a City initiated amendment to provide system connectivity and appropriate facilities in developing areas. Staff has recommended approval of the Century Plan: Intensity Level amendment. Special Considerations: TxDOT has agreed to begin the Environmental Impact Study of the ultimate Bypass route, if the City shows some interest/commitment to building the roadway. The realignment of the SE 1 portion of the Bypass, and adoption of the TxDOT ROW standards by ordinance is the first step in showing that commitment. Chair Gibbs opened the Public Hearing. Ellen M. Hughs, 3706 Eastridge Drive, Austin stated she is the owner of the property and opposes the city and TxDOT to build a road through the center of her property, which is a cattle business and has been in the family for about 150 years. Mr. E. Ross Rost, 401 CR 153, Georgetown stated he is the manager of the farm and stated this farm was part of the Sam Houston land grant and that if TXDOT and the city builds a road through this property it will destroy the farm which has been in the family since 1858. The Public Hearing was closed. Commissioners stated they understand this is a good move to try and alleviate traffic on Hwy 29, but asked for TXDOT and the City to work with the family and try to find a route that minimizes the impact on this family farm. Motion by Moore to recommend to the City Council approval of a Comprehensive Plan Amendment to update the Overall Transportation Plan to show the realignment of the 2500 – 2700 blocks of the SE One arterial, and to adopt new Right of Way Standards for that route. Second by Milburn. Approved 6-0. 5. CPA-2007-001 and REZ-2007-005 – Public Hearing and Possible Action on 1) a Comprehensive Plan Amendment to change the intensity level from Levels 2, 3 and 5 to Levels 3 and 5; to change the land use from Residential to Residential, Commercial and Multi-Family, and to modify the Thoroughfare Plan to move the location of a proposed collector street; and 2) a Rezoning from AG, Agricultural to C-3, General Commercial (28.171 acres), MF, Multifamily (15.521 acres), and RS, Residential Single Family (115.485 acres) for 159.177 acres in the John Berry Survey (A-051) located near the intersection of FM-971 and SH-130. (JM) At this time, Jordan Maddox presented staff report for item #5 and item #6. 6. Public Hearing and Possible Action on a Rezoning for portions of 159.177 acres in the John Berry Survey (A-051) , located in the south east corner of the intersection of FM-971 and SH-130. (JM) Staff report given by Jordan Maddox. This property is located to the east of the recently completed SH 130 and abuts the toll way along most of the property line, although it has no direct access to 130. The entire accessible frontage the property has is along FM971, on its northern boundary line. The southern tracts of the property (approximately 131 acres) have recently been annexed for its proximity to SH 130 and, including the existing 28 acres, the entire property is now within the city limits. The default zoning added to the existing 23 acres is AG, Agriculture, which the applicant is seeking to change now to MF, Multi-Family and RS, Single- Family Residential. The rezoning application corresponds with the land use changes presented here for commercial, multi-family and residential. The northern 28 acres of this tract is separated from the rest by the Georgetown Railroad rail r.o.w. and a large drainage easement Planning & Zoning Commission Minutes March 6, 2007 Page 3 of 6 has been granted to the state for SH 130 drainage that runs along the north of that r.o.w. and then turns to the north towards 971 along the eastern boundary of the 28 acre tract. The property is currently being used as a farm and is one of the first projects to be processed through the city along the SH 130 corridor. The applicant is proposing the 28 acre tract to be a commercial use in the form of a grocery store or something along those lines, with additional retail supporting it. This area of town has no commercial or retail available to residents and the applicant hopes to take advantage of one of the few exit ramps/intersections that SH 130 has in Georgetown for traffic and visibility. This tract is currently split between Intensity 3 and 5 and is requested to be Level 5 for the whole tract. To the south of the commercial and the railroad, there is a proposed 15 acres intended for 310 multi-family units and 116 acres of 435 single-family units. Both of these are requesting an overall Intensity Level of 3, up from a 2. The property will contain parkland along the San Gabriel River, which will also be determined at the preliminary plat. In addition to the land use and intensity changes, the applicant is requesting that a future east- west collector, originally intended to connect NE Inner Loop with CR 103, be altered. The reason for this is that the road was cut off by the limited access toll road and, therefore, has no future to the west of 130. The applicant has proposed bending the western part of this road up to FM 971, to create a collector-level entrance to the project, while continuing its original path to the east. Chair Gibbs invited the applicant to speak. Jana Rice, Cunningham-Allen, Inc stated she would be happy to answer any questions. Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by McMichael to recommend to the City Council approval of the requested Comprehensive Plan Amendment to change the Intensity Map from levels 2, 3 and 5 to levels 3 and 5; change the Future Land Use from Residential to Multi-Family, Residential, and Office/Retail/Commercial; and to change the Overall Transportation Plan for a designated collector-level road and 2) an Ordinance for a Rezoning to change the zoning from AG, Agriculture to MF, Multi-Family, C-3, Commercial and RS, Residential on 159.177 acres in the John Berry Survey (Abstract 051). Second by Moore. Approved 6-0. 7. REZ-2007-002 – Public Hearing and Possible Action on a Rezoning of 15.16 acres out of the David Wright Survey, Abstract No. 13, from AG, Agriculture to PUD, Planned Unit Development, with a Base Zoning district of C-1, Local Commercial, for the property located at Williams Drive Northwest of Serenada Drive. (BR) Staff report given by Bobby Ray. The 15-acre site is located on the “east” side of Williams Drive northwest of Serenada Drive. The property was annexed into the City as part of the December 31, 2005 annexation. Properties across Williams Drive are also part of this 2005 annexation process. Upon completion of the annexation all annexed properties were zoned AG, Agriculture. The site is part of the larger 86-acre project known as Estrella. The applicant’s plan for the 86-acre tract was to seek a RS, Residential Single-Family for the larger 70-acre portion to accommodate the future build-out of 146 detached single-family units. This site was rezoned to RS, Residential Single-family in 2006 to allow for the development of the single-family project. The current application is seeking a Planned Unit Development (PUD) allowing for the mixed-use development of the remaining 16-acre frontage along Williams Drive. Planning & Zoning Commission Minutes March 6, 2007 Page 4 of 6 The proposed project consists of approximately 51,000 square feet of office and retail use on 6.59 acres concentrated on the west side of the site. The non-residential layout proposes five building located around a central water feature with parking and access around the perimeter of the site. There is a sixth building, proposed to be a financial institution, located at the southwest corner of the site to allow for greater auto accessibility. The residential component consists of 32 two unit townhomes (64 units total) located on 8.57 acres concentrated on the east side of the site. Each unit will provide adequate on-site garaged parking. Primary access to the site is provided from Williams Drive (2) and Estrella Crossing (2) with connectivity to the property east of the site. Chair invited the applicant to speak. Mark Baker, SEC Planning stated he would be glad to answer questions. Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by Padfield to recommend approval to the City Council of the Rezoning of 15.16 acres out of the David Wright Survey, Abstract No. 13, from AG, Agriculture to PUD, Planned Unit Development, with a Base Zoning district of C-1, Local Commercial, for the property located at Williams Drive Northwest of Serenada Drive. Second by McMichael. Approved 6-0. 8. REZ-2007-003 – Public Hearing and Possible Action on a Rezoning from RS, Residential Single-Family to C-3, General Commercial district for 2.30 acres in the L.J. Dyches Survey (A- 180) also to be known as the CARTS Bus Station, located on South Austin Avenue north of SE Inner Loop. (BR) Staff report by Bobby Ray. The 2.3 acre tract is located between I.H. 35 and South Austin Avenue, close to Inner Loop. The property takes access, and is addressed from, South Austin Avenue. Current use of the site is a “Park and Ride” facility owned and maintained by the City of Georgetown. The zoning of the property is RS, Residential Single-family, which is reflective of the default zoning placed on the property at the time of annexation in 1987. The property is identified for “Industrial” on the Future Land Use Plan and carries an Intensity Level of “5”. The subject application is a rezoning request from RS, Residential Single-family to C-3, General Commercial to accommodate the location of the CARTS (Capital Area Rural Transportation System) bus station. “Bus Passenger Terminal” is defined as a “Passenger Terminal” pursuant to UDC Section 16.03.040(H) and is characterized as “Facilities for the takeoff and landing of airplanes and helicopters, and terminals for taxi, rail or bus service”. This is a permitted use for the C-3, General Commercial zoning district. Chair Gibbs invited the applicant to speak. Dave Marsh, CARTS stated they are in the process of hiring architects and he would be glad to answer questions. Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by Milburn to approve of the Rezoning from RS, Residential Single-Family to C-3, General Commercial district for 2.30 acres in the L.J. Dyches Survey (A-180) also to be known as the CARTS Bus Station, located on South Austin Avenue north of SE Inner Loop. Second by McMichael. Approved 6-0. 9. REZ-2007-004 – Public Hearing and Possible Action on a Rezoning from AG, Agricultural district to IN, Industrial district for Lots 2A and 2B, in the Resubdivision of Tract 2, Airport Industrial Park, located at 105 and 107 Halmar Cove. (BR) Staff report by Bobby Ray. The 3.0 acre tract is located on the north side of Halmar Cove, which Planning & Zoning Commission Minutes March 6, 2007 Page 5 of 6 is a cul-de-sac street accessed from Airport Road. Current use of the site is a multi-tenant facility housing various types of light industrial or light manufacturing uses. The zoning of the property is AG, Agriculture, which is reflective of the default zoning placed on the property at the time of annexation in 2006. The property is identified for “Industrial” on the Future Land Use Plan and carries an Intensity Level of “4”. The subject application is a rezoning request from AG, Agriculture to IN, Industrial to accommodate the current use of the site, and to bring the property into conformance with the underlying land use plan designation. As stated, the AG zoning district was applied at the time of the most recent round of annexations in 2006. The effect of the AG default zoning was to render the current use of the site as nonconforming, since the existing industrial use is not a permitted use within the AG district. This application removes the nonconforming aspect of the use and makes the zoning consistent with both the use and the land use map. Chair Gibbs opened the Public Hearing. No one came forward to speak. The Public Hearing was closed. Motion by Padfield to approve the Rezoning from AG, Agricultural district to IN, Industrial district for Lots 2A and 2B, in the Resubdivision of Tract 2, Airport Industrial Park, located at 105 and 107 Halmar Cove. Second by Moore. Approved 6-0. 10. REZ-2007-006 – Public Hearing and Possible Action on a Rezoning from RS, Residential Single-Family to MF, Multifamily district to allow the construction of condominium units on 1.07 acre part of Snyder Addition, Block 51, a 0.593 acre part of Coffee Addition, Block 06, and a 0.05 acres part of Coffee Addition, Block 11. (RR) Cancelled at the request of the applicant. 11. FP-2007-006 – Final Plat for 3.71 acres to be known as the Resubdivision of Lot D, 5RM Ranch Subdivision, Block 3, located on Richard Road.(JCB) Staff report by Jennifer Bills. This Final Plat is a resubdivision of Lot D, Block 3 of the 5RM Subdivision. A total of one new lot will be created in the subdivision by dividing the 3.71 acres of Lot D into one 2.473 acre lot (D-1) and one 1.158 acre lot (D-2). Both lots will be for residential use. Chair Gibbs invited the applicant to speak. David Simmons, representing the applicant stated he would be glad to answer questions. Chair Gibbs opened the Public Hearing. Robert Helms, 330 Richard Rd. stated he lives next to this property and his neighbor stores tractor-trailer trucks on the property as a business, which is in violation of the deed restrictions, therefore, he opposes the application. Mr. Helm also stated these trucks are tearing up the road and causing his property to devalue. The Commissioner Milburn asked staff what kind of recourse the neighbors have regarding the deed restriction. Staff stated the neighbors would have to take legal action. Staff stated the City does not review deed restrictions located in the ETJ, so the city has limited control. Mr. Simmons stated he has been to the property a couple of times in the afternoon and did not see any trucks. Mr. Simmons stated he was informed that the applicant wants to divide the property and build homes. He is not aware there is a semi truck business on the property. He stated he would forward these concerns to the applicant. Motion by Moore for approval of Final Plat for 3.71 acres to be known as the Resubdivision of Lot D, Block 3 of 5RM Ranch Subdivision, located on Richard Road. Second by Milburn Approved 5-1. (Opposed – Lawson) Planning & Zoning Commission Minutes March 6, 2007 Page 6 of 6 12. Public Hearing and Possible Action on a recommendation to the City Council regarding adoption of proposed amendments to the Unified Development Code (UDC). Staff report by Bobby Ray. At their regular meeting of October 3, 2006, the Planning & Zoning Commission conducted a review of the proposed amendments and made the following motion: “Forward the proposed amendments for the UDC amendment cycle of October 2006to the City Council”. The motion was passed 7-0. The City Council, at their meeting of October 24, 2006, approved the attached list of amendments for the current process. Public workshops were held on March 8 and 22, 2006 to allow for public review of the proposed amendments. Comments received from the workshops have been addressed within the attached document. In response to the workshops staff has agreed to defer one item to allow for more public comment, and to delete the second from consideration. Specifically staff is proposing that the conservation subdivision ordinance be deferred to track with the Mixed Use and Transit Oriented Design ordinances. The schedule for these three ordinances is May for public workshop and June for Commission and Council public hearing. Staff is proposing that the second item, which is the required housing / lot variety for single-family subdivisions, be deleted from this round of amendments. Motion by Milburn to recommend to the City Council approval of the Proposed Amendments to the Unified Development Code with a deferral of the preparation of draft language for the Conservation Subdivision Ordinance and a deletion of the Housing Variety Requirements. Second by McMichael. Approved 6-0. 6. Comments from Director. Bobby Ray stated the proposed Katy Crossing application was denied by 4-3 vote during the City Council meeting after hearing extensive comments from neighbors. 7. Comments from Commissioners. Chair Gibbs thanked the commissioners for attending. Motion to adjourn. Chair Gibbs adjourned the meeting at 7:50 p.m. _______________________________ __________________________________ Approved, Harry Gibbs, Chair Attested, Will Moore, Secretary